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Sebree v. Kentucky State Police5/13/2005
AFFIRMING
BEFORE: MINTON AND TACKETT, JUDGES; HUDDLESTON, SENIOR JUDGE.
In June 1999, Ronald G. Sebree filed suit in Franklin Circuit Court against his former employer , the Kentucky State Police (KSP), and against retired State Trooper Joseph R. Rowe, one of Sebree's former supervisors. Sebree alleged that he suffered from a disability - depression, and that, due to his disability, the KSP and Rowe violated his rights pursuant to 42 United States Code (U.S.C.) § 1983; pursuant to the Kentucky Civil Rights Act, Kentucky Revised Statutes (KRS) Chapter 344; and pursuant to the Family Medical Leave Act, 29 U.S.C. § 2601. By agreement of the parties, the circuit court dismissed Sebree's 42 U.S.C. § 1983 claim. Subsequently, both the KSP and Rowe filed motions for summary judgment. After the parties both briefed and argued the issues, the court granted summary judgment in the defendants' favor, prompting Sebree's appeal to this Court.
On appeal, Sebree argues that the circuit court failed to view the evidence in the light most favorable to him as required by Steelvest, Inc. v. Scansteel Service Center, Inc. He insists that his request for an indefinite amount of additional unpaid sick leave amounted to a request for a reasonable accommodation under the Kentucky Civil Rights Act. He contends that the KSP failed to present evidence regarding undue hardship. And, he insists that he adduced sufficient evidence that Rowe conspired with the KSP to retaliate against him because he suffered from a disability, i.e., depression.
On appeal, Sebree advances the same arguments that he presented to Franklin Circuit Court. In response, we adopt relevant portions of the circuit court's opinion and order which correctly analyzes and appropriately resolves Sebree's claims.
INTRODUCTION
Plaintiff began employment with the KSP on December 16, 1985[,] as a Security Officer in the Facilities Security Section. He was promoted to Sergeant on April 16, 1990. On June 1, 1994[,] he was promoted to Lieutenant. Shortly thereafter, this gradual progression began to reverse direction for several reasons. First, Plaintiff became the focus of an internal investigation as a result of his alleged association with the Sons of Confederate Veterans ("SCV") and Ku Klux Klan ("KKK"). Second, Plaintiff failed to report the arrest of one of his officers, Officer Reuben Walker, for driving under the influence of alcohol. Third, Plaintiff, Officer Walker and Officer Bill Wise were involved in an incident at the Downtowner Bar in Frankfort on January 23, 1995. Walker and Wise called in sick for their shift while Plaintiff asked a subordinate to cover his shift which began at midnight. The three men spent several hours drinking alcohol. Officer Wise accused one of the female patrons of taking his car keys. He followed her out of the bar and demanded that she return his keys. He reached inside her pockets in an effort to find his keys. Plaintiff identified himself as a Kentucky State Police officer and attempted to mediate the dispute. The female civilian made a complaint to KSP concerning the incident.
Ultimately, the Justice Cabinet chose not to renew Plaintiff's Special Law Enforcement Officer ("SLEO") commission. The SLEO commission authorizes an officer to carry a gun and make arrests. As a result, on March 29, 1996, Plaintiff was reclassified to Facilities Security Officer I, which does not require a SLEO commission.
On January 23, 1996, Plaintiff reported to Rowe that he had back pain and was going to take sick leave. Plaintiff assured Rowe that he was not injured while on duty. On April 17, 1996, KSP received a note from Plaintiff's psychiatrist
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